S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3731
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  COMRIE,  PERSAUD  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education
 
 AN  ACT  to  amend  the education law, in relation to requiring that all
   special education students attending schools scheduled to be closed or
   to undergo a significant change be assigned to new  schools  prior  to
   the implementation of the closing or change
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (b) and (e) of subdivision 2-a of section 2590-h
 of the education law, as added by chapter 345 of the laws of  2009,  are
 amended to read as follows:
   (b)  Such  educational  impact  statement  shall include the following
 information regarding the proposed school closing or significant  change
 in school utilization:
   (i) the current and projected pupil enrollment of the affected school,
 the prospective need for such school building, the ramifications of such
 school  closing  or  significant  change  in school utilization upon the
 community, initial costs and savings resulting from such school  closing
 or significant change in school utilization, the potential disposability
 of any closed school;
   (ii)  the impacts of the proposed school closing or significant change
 in school utilization to any affected students;
   (iii) an outline of any proposed or potential use of the school build-
 ing for other educational programs or administrative services;
   (iv) the effect of such school closing or significant change in school
 utilization on personnel  needs,  the  costs  of  instruction,  adminis-
 tration, transportation, and other support services;
   (v)  the  type,  age,  and physical condition of such school building,
 maintenance, and energy costs, recent or planned  improvements  to  such
 school building, and such building's special features;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00795-01-7

 S. 3731                             2
 
   (vi)  the  ability of other schools in the affected community district
 to accommodate pupils following the school closure or significant change
 in school utilization, THE CURRENT AND  PROJECTED  PUPIL  ENROLLMENT  AT
 EACH  SUCH  OTHER SCHOOL AND A LIST OF AFFECTED SPECIAL EDUCATION SCHOOL
 STUDENTS SCHEDULED TO ATTEND EACH SUCH OTHER SCHOOL; and
   (vii) information regarding such school's academic performance includ-
 ing  whether such school has been identified as a school under registra-
 tion review or has  been  identified  as  a  school  requiring  academic
 progress,  a  school  in  need of improvement, or a school in corrective
 action or restructuring status.
   (e) (I) Except as otherwise provided in paragraph (f) of this subdivi-
 sion, all proposed school closings  or  significant  changes  in  school
 utilization  shall  be  approved  by  the city board pursuant to section
 twenty-five hundred ninety-g of this article and shall not  take  effect
 until all the provisions of this subdivision have been satisfied and the
 school year in which such city board approval was granted, has ended.
   (II)  EXCEPT  AS  OTHERWISE PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVI-
 SION, NO PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE IN SCHOOL  UTILI-
 ZATION  SHALL  TAKE  EFFECT  UNTIL  ALL  SPECIAL EDUCATION PUPILS IN THE
 AFFECTED SCHOOL HAVE BEEN ASSIGNED TO NEW SCHOOLS WITHIN THE CITY OF NEW
 YORK AND THE CHANCELLOR HAS VERIFIED THAT EACH  NEW  SCHOOL  WITHIN  THE
 CITY  OF NEW YORK ACCEPTING SPECIAL EDUCATION STUDENTS FROM THE AFFECTED
 SCHOOL CAN ACCOMMODATE SUCH PUPILS AS WELL AS AN ADDITIONAL INCREASE  IN
 THE  TOTAL  NUMBER  OF  PUPILS  OF NO LESS THAN TEN PERCENT OF THE TOTAL
 SCHOOL PUPIL POPULATION.
   § 2. This act shall take effect immediately; provided that the  amend-
 ments  to subdivision 2-a of section 2590-h of the education law made by
 section one of this act shall not affect the repeal of such  subdivision
 and shall be deemed repealed therewith.